Easement Forms - How to Legally Use Another's Land

Easements are used to settle boundary disputes between neighbors, allow common use such as easements for a shared driveway or private road, advertising space, access to land for oil, gas and mineral rights, or a right-of-way to enter for utility use, such as gas or electric company workers. Real estate easements are an interest in land, separate from the ownership of the property. A property easement is not ownership, but a right to use or occupy land. The right of way granted in the easement form is recorded in land records. The term dominant estate is used to describe the property that has the right to use the easement located on the other property, called the servient estate.

Easements can be created by agreement through easement forms, or it may be created by continued use over time under the law of adverse possession for a prescriptive easement. An easement may also be created by necessity, such as when there is a landlocked parcel of land.

Some of the different types of right-of-way agreements under easement law include:

Easement in gross - a gross easement is personally held by the holder of the easement and doesn't transfer with the land if it's sold.

Oil, gas, and mineral easement - an oil gas and mineral right of way allows a holder of mineral or gas rights to access the surface land to access the soil beneath.

Easement appurtenant - an appurtenant easement is one that is attached to the land. Even if the land using the easement, the dominant estate, is transferred, the new owner will still hold an easement on the servient estate.

Easement by necessity - an easement by necessity is implied in law in cases where the only way to enter landlocked land is by a right of way over another's land.

Prescriptive easement - an easement by prescription is a grant of easement rights under state adverse possession statutes. When the use has continued against the owner's permission for the statutory time period, an easement by prescription can be created.

Conservation easement - a conservation easement is used to preserve and protect land. A conservation easement is often used to donate land to a charity for a tax deduction.

Utility easement - utility easements allows water, gas, sewer, etc. workers to cross property in order to maintain and repair lines and wires. A utility easement is commonly given to a utility company, and is a type of access easement.

Some of the easements and rights-of-way forms we offer include:

Utility rights of way

Conservation easement

Shared driveway easements

Conservation easement

Shared driveway easement

Temporary construction easement

Advertising Easement

Oil, gas and mineral easement

Termination of easement form

Maintenance of easement agreement

Telecommunications and pipeline rights of way

Real Estate - Easments FAQ

What is an easement?

An easement is a property interest, which entitles the owner of the easement to the
privilege of a specific and limited use of the land of another. The easement is a real
property interest, but separate from the legal title of the owner of the underlying land.
The land which receives the benefit of the easement is called the "dominant" property or
estate.

How is an easement created?

Easements should describe the extent of the use, as well as the easement location and
boundaries. The location, maintenance, and uses of the easement are defined by the agreement,
use, or instrument creating the easement. Easements can be created by a deed to be recorded
just like any real property interest, by continuous and open use by the non-owner against
the rights of the property owner for a statutory number of years, or to do equity (fairness),
including giving access to a "land-locked" piece of property.